Preexisting Injuries and Auto Accident Cases

Some people are under the mistaken notion that preexisting injuries might preclude them from recovering damages in an auto accident claim against a negligent driver.

Does a Preexisting Injury Affect My Auto Claim?

Truth is, a preexisting injury often has no impact on a claim and may even lead to higher compensation, since the accident may result in more severe consequences than it otherwise would have due to the preexisting condition (something known as the “eggshell plaintiff” rule). 

Insurance companies should not have to pay for injuries that already existed prior to an accident. What’s fair is fair. However, many insurance adjusters will frequently argue that all preexisting injuries or conditions were unaffected by an accident. In many cases, that’s patently untrue.

Some insurance adjusters will employ the strategy of trying to settle a case quickly, without the involvement of an attorney. Yes, your claim can be settled in short order, but it will be a lopsided outcome in favor of the insurance company. 

The key to solving this conundrum is to determine what injuries were caused by the accident; what preexisting conditions were made worse by the accident; and what preexisting injuries were unaffected by the accident. The best way to do this is to hire an experienced auto accident attorney.

An auto accident attorney will gather your medical information; explain why a preexisting condition should have no impact on the calculation of damages; or demonstrate how the accident led to greater harm due to the preexisting condition.

Contact an Alaska Auto Accident Lawyer

If you or a loved one has been injured in a car wreck, an experienced attorney can provide guidance on on how to pursue your claim and analyze ALL the potential damages, which may be considerably hire than initially thought.  Alaska attorney Ben Crittenden can help you get the compensation you deserve.  Sign up for his free newsletter where Alaska dog victims, vehicle accident victims, and other personal injuries can learn more about their options.

Ben Crittenden
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Passionately devoted to advancing his trial techniques and communication skills on behalf of injured victims.
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